Mar 20, 2008 — The growing adoption of strict privacy laws in Europe that could impact US media law will be explored at “Enjoining the Kiss: the Emerging International Right of Privacy versus News & Art Photography,” a panel discussion presented by the Benjamin N. Cardozo School of Law at Yeshiva University on Thursday, March 27 at 7 pm.
The panel, moderated by Cardozo adjunct professor David S. Korzenik, partner, Miller Korzenik Sommers LLP, will include filmmaker Gilbert Duclos. Duclos directed La Rue Zone Interdite, a documentary about the privacy issues facing photographers, and was also the defendant in a landmark Canadian Supreme Court case, Aubry v. Éditions Vice-Versa, which enjoined publication of one of his photographs on privacy grounds. The film will be shown prior to the panel discussion at 5 pm.
The panel also features American journalist, critic, and correspondent for The Art Newspaper, David D’Arcy, along with legal experts Pierre-Yves Gautier, Professor at I’Université Panthéon-Assas (Paris II), author of Propriété Litteréaire et Artisque, and privacy scholar; Daniel McClean, solicitor with Withers LLP in London, specializing in media, art, and intellectual property law, and editor of The Trials of Art; and Brian MacLeod Rogers, solicitor and barrister from Toronto, who represents media and news organizations.
At issue is the growing adoption by the 46 signatory nations to the European Convention of Human Rights of the French privacy law, which requires that anyone photographed in a public space must give his or her consent for the photograph to be published, unless the subject is a public figure, in a public place, carrying out a public function.
Such restrictions could theoretically leave US photographers and media organizations vulnerable to lawsuits if they publish photographs of public life in Europe in which subjects have not given their consent or, perhaps, even if photographs of European citizens who have not given their consent are published in the US.
The panel discussion is sponsored by the Floersheimer Center for Constitutional Democracy, Cardozo Arts & Entertainment Law Journal, the Howard M Squadron Program in Law, Media and Society, La Délégation générale du Québec and the American Constitution Society.